S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9437

                          I N  A S S E M B L Y

                              March 1, 2012
                               ___________

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee on Consumer Affairs and Protection

AN ACT to amend the general business law, in relation to prohibiting the
  sale  of unsafe cribs and restricting the use of such cribs in certain
  settings

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  399-i  of  the general business law, as added by
chapter 245 of the laws of 2010, is amended to read as follows:
  S 399-i. Prohibit [any] THE sale of unsafe cribs AND RESTRICT  USE  OF
SUCH CRIBS IN CERTAIN SETTINGS. 1. For the purposes of this section, the
following terms shall have the following meanings:
  (a)  "Crib"  [means]  SHALL  MEAN  a  bed or containment designated to
accommodate an infant.
  (b) "Distribute" [means] SHALL MEAN to deliver to a person other  than
the purchaser, for the purpose of retail sale.
  (c)  "CHILD  CARE  FACILITY"  SHALL  MEAN ANY PLACE SUBJECT TO SECTION
THREE HUNDRED NINETY OF THE SOCIAL SERVICES LAW OR  ARTICLE  FORTY-SEVEN
OF  THE  NEW YORK CITY HEALTH CODE AS AUTHORIZED BY SECTION FIVE HUNDRED
FIFTY-EIGHT OF THE NEW YORK CITY CHARTER.
  (D) "PLACE OF PUBLIC ACCOMMODATION" SHALL MEAN ANY INN, HOTEL,  MOTEL,
MOTOR  COURT  OR  OTHER ESTABLISHMENT THAT PROVIDES LODGING TO TRANSIENT
GUESTS. SUCH TERM SHALL NOT  INCLUDE  AN  ESTABLISHMENT  TREATED  AS  AN
APARTMENT  BUILDING FOR PURPOSES OF ANY STATE OR LOCAL LAW OR REGULATION
OR AN ESTABLISHMENT LOCATED WITHIN A BUILDING  THAT  CONTAINS  NOT  MORE
THAN  FIVE  ROOMS  FOR  RENT  OR HIRE AND THAT IS ACTUALLY OCCUPIED AS A
RESIDENCE BY THE PROPRIETOR OF SUCH ESTABLISHMENT.
  (E) "Person" shall mean a natural person, firm,  corporation,  limited
liability  company,  association,  or  an employee or agent of a natural
person or an entity included in this definition.
  [(d)] (F) "Unsafe crib" shall mean any crib that does not  conform  to
the  standards  endorsed  or established by the federal Consumer Product
Safety Commission including, but not limited to, Title 16 of the Code of
Federal Regulations and the standards endorsed or established by [Ameri-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD14582-01-2

A. 9437                             2

can Society for Testing and Materials International (ASTM)] ASTM  INTER-
NATIONAL (FORMERLY KNOWN AS THE AMERICAN SOCIETY FOR TESTING AND MATERI-
ALS), as follows:
  (i)  Part  [1508]  1219 of Title 16 of the Code of Federal Regulations
and any regulations adopted to amend or supplement such part;
  (ii) Part [1509] 1220 of Title 16 of the Code of  Federal  Regulations
and any regulations adopted to amend or supplement such part;
  (iii) Part 1303 of Title 16 of the Code of Federal Regulations and any
regulations adopted to amend or supplement such part; and
  (iv)  The following standards and specifications of ASTM International
for corner posts of baby cribs and structural integrity  of  baby  cribs
and any standards and specifications adopted to amend or supplement such
standards:
  (A) ASTM F 966 (corner post standard),
  (B) ASTM F 1169 (structural integrity of full-size baby cribs), and
  (C) ASTM F 406 (non-full-size cribs).
  2.  (a)  No  person shall import, manufacture, or distribute an unsafe
crib.
  (b) No retailer, as defined in  subdivision  eleven  of  section  four
hundred  ninety-a  of  this chapter, or secondhand dealer, as defined in
subdivision six of section four hundred ninety-a of this chapter,  shall
sell, lease or otherwise make available an unsafe crib.
  3.  (A)  ON  OR  AFTER DECEMBER TWENTY-EIGHTH, TWO THOUSAND TWELVE, NO
CHILD CARE FACILITY OR PLACE OF PUBLIC ACCOMMODATION SHALL USE  OR  HAVE
ON  THE  PREMISES AN UNSAFE CRIB. THIS SUBDIVISION SHALL NOT APPLY TO AN
ANTIQUE OR COLLECTIBLE CRIB IT IF IS NOT USED BY, OR ACCESSIBLE TO,  ANY
CHILD IN THE CHILD CARE FACILITY OR PLACE OF PUBLIC ACCOMMODATION.
  (B)  THE  OFFICE OF CHILDREN AND FAMILY SERVICES, IN CONSULTATION WITH
THE NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE, SHALL  NOTIFY
CHILD  CARE  FACILITIES  OF THE PROVISIONS OF THIS SUBDIVISION IN PLAIN,
NON-TECHNICAL LANGUAGE THAT WILL ENABLE  EACH  CHILD  CARE  FACILITY  TO
EFFECTIVELY  INSPECT  AND  IDENTIFY  UNSAFE  CRIBS. SUCH NOTICE SHALL BE
GIVEN TO EVERY CHILD CARE FACILITY UPON THE EFFECTIVE DATE OF THIS ARTI-
CLE OR AS SOON AS PRACTICABLE THEREAFTER, AND SUCH NOTICE SHALL ALSO  BE
GIVEN  TO EACH APPLICANT FOR LICENSE OR REGISTRATION PURSUANT TO SECTION
THREE HUNDRED NINETY OF THE SOCIAL SERVICES LAW.
  (C) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PROMULGATE  RULES
AND REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS SUBDIVISION.
  4.  Whenever  there  shall  be  a violation of SUBDIVISION TWO OF this
section an application may be made by the attorney general in  the  name
of  the  people  of  the  state of New York to a court or justice having
jurisdiction by a special proceeding to issue an  injunction,  and  upon
notice  to  the  defendant  of  not  less  than five days, to enjoin and
restrain the continuance of such violations; and if it shall  appear  to
the  satisfaction  of  the  court  or justice that the defendant has, in
fact, violated this section, an injunction may be issued by the court or
justice, enjoining  and  restraining  any  further  violations,  without
requiring  proof  that  any person has, in fact, been injured or damaged
thereby. In any such proceeding, the court may make  allowances  to  the
attorney  general  as  provided  in  paragraph six of subdivision (a) of
section eighty-three hundred three of the civil practice law and  rules,
and  direct  restitution.  Whenever  the  court  shall  determine that a
violation of SUBDIVISION TWO OF this section has occurred, the court may
impose a civil penalty of not more than one thousand  dollars  for  each
violation.  Each  sale  of  an  unsafe crib in violation of this section
shall constitute a separate violation.   In  connection  with  any  such

A. 9437                             3

proposed  application,  the attorney general is authorized to take proof
and make a determination of the relevant facts and to issue subpoenas in
accordance with the civil practice law and rules.
  [4.] 5. If any provision of this section or the application thereof to
any  person  or  circumstances is held unconstitutional, such invalidity
shall not affect other provisions or applications of this section  which
can be given effect without the invalid provision or application, and to
this end the provisions of this section are severable.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law; provided that  the  office  of  children  and  family
services  is  authorized to promulgate any and all rules and regulations
and take any other measures necessary  to  implement  this  act  on  its
effective date on or before such date.